Setback for cops in Curchorem riots case
Court orders deletion of IPC Sec 153-A against accused
HERALD REPORTER
MARGAO, AUG 17
In a major setback to the police, the sessions court on Tuesday ordered deletion of Section 153-A of the IPC slapped against the accused persons involved in the Curchorem Communal riots case.
The reason: The Curchorem police has failed to obtain the mandatory prior sanction from the government before chargesheeting the accused in the case under section 153-A of the IPC.
Section 153-A of the IPC deals with the offence of promoting communal disharmony amongst various sections of the society. The law mandates the investigating agency to seek prior permission from the government before filing the chargesheet.
In the instant case, however, the Curchorem police failed to obtain the sanction before or after filing the chargesheet against the 42 accused persons.
Sources in the know said though the communal incident occurred way back in 2006, the police did not deem fit to obtain the government sanction to prosecute the accused for promoting communal ill feelings amongst the community.
The court pronounced the order after defense lawyer, Adv Alban Viegas representing accused Prasanna Pauskar maintained that the prosecution did not obtain prior sanction from the government before filing the chargesheet.
Amongst the accused named in the case includes former BJP general secretary Satish Dhond and BJP youth leader Sharmad Raiturkar.
The prosecution case is that the accused in the case wanted to promote enmity between the Muslim community and others. The police said that on March 3, 2006 between 4.30 pm to 9.30 pm, the accused formed unlawful assembly at Careamoddi area and were armed with deadly weapons and pelted stones and Masjid at Careamoddi.
The police alleged that the accused obstructed the movement of Muslims and later set fire to vehicles on the roadside and damaged the Razak petrol pump at Sanvordem.
The police further charged the accused persons for attacked the shops belonging to the Muslims and set the pump on fire, besides assaulting the policemen on duty.
